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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome–Effective dispute resolution services that support constructive labour-management relations in sectors regulated by the Canada Labour Code

When the Board receives an application or complaint, it is usually because there is some form of unresolved conflict or problem in the workplace that the parties involved have been incapable of resolving on their own. Through mediation or by issuing a decision, the Board effectively and directly contributes to its sole strategic outcome, namely, the resolution of labour relations issues. The impact of the work of the Board can be both broad-ranging and significant. The Board’s decisions and mediation efforts often affect, in very tangible ways, the working lives of thousands of Canadians, the economic position of leading Canadian corporations, and the general well-being of the Canadian public.

The Board also contributes, in an indirect but no less important manner, to effective industrial relations in the federal jurisdiction. Each time it issues a decision, the Board adds to its growing jurisprudence, which is widely disseminated to the industrial relations community. Clear and consistent jurisprudence provides an environment where potential litigants are more likely to resolve matters on their own, rather than to bring the matter before the Board. It is, however, difficult to ascribe a quantitative measure to this contribution to the labour-management relationship.

Program Activity: Adjudicative and Dispute Resolution Program

The CIRB has only one key operational program activity—the Adjudicative and Dispute Resolution Program. Through this program, the CIRB resolves labour relations issues by exercising its statutory powers relating to the application and interpretation of Part I (Industrial Relations), and certain provisions of Part II (Occupational Health and Safety), of the Code. Activities include the granting, modification and termination of bargaining rights; the investigation, mediation and adjudication of complaints alleging violation of Part I of the Code; the determination of levels of services required to be maintained during a work stoppage; the exercise of ancillary remedial authority; the exercise of cease and desist powers in cases of unlawful strikes or lockouts; and the settlement of the terms of a first collective agreement.

Financial Resources ($ thousands)

2012–13	2013–14	2014–15
$9,356	$9,356	$9,356

Human Resources (FTEs)

2012–13	2013–14	2014–15
77	77	77

Program Activity Expected Results	Performance Indicators	Targets
Labour relations issues before the Board are resolved in a timely and consistent manner	Percentage of cases processed in less than one (1) year	75%
	Percentage of CIRB decisions upheld by the Federal Court of Appeal	100%
	Average length of time to render a decision from the date the Board reserves its decision	90 days

Planning Highlights

The complexity and implications of the issues facing federally regulated employers and unions require the Board to judiciously apply a wide range of knowledge and skills in diverse industrial relations, labour law and administrative law contexts. The development of Board jurisprudence and a generally stable economic environment over most of the 2000 decade resulted in a decrease in the number of cases coming before the Board. However, the current environment may lead to an increase in ULP complaints as a result of difficulties at the bargaining table, as well as more applications related to corporate restructuring or sale of business.

Typical issues of continuing concern to the Board include:

• the acquisition and exercise of free collective bargaining rights, and the promotion of sound labour-management relations in a fair and transparent manner;
• the need to ensure that collective bargaining between employers and unions is conducted fairly and in good faith;
• determination of the levels of services required to be maintained during a work stoppage to ensure the protection of the health and safety of the Canadian public;
• the prompt consideration of situations in which illegal work stoppages are alleged;
• the need to assist companies and unions in resolving the labour relations implications of corporate mergers and acquisitions—including the determination of appropriate bargaining unit structures and representation rights.

The Board’s foremost priority remains the efficient and effective delivery of its statutory mandate as set out in the Code, while being both transparent and accountable in its decision making process.

Within this context, the Board’s three main operational priorities in the coming year are to maintain the momentum of the past few years and continue reducing the case processing times; focus on successful resolution of labour relations problems through appropriate dispute resolution mechanisms; and continue with its formal and informal consultations and engagement with the labour relations community.

Case Processing Times
The number of incoming applications and complaints has remained relatively constant for the past four years at approximately 685 cases per year. Complaints of ULP represent the largest proportion of the Board’s incoming workload at 40%. This is further broken down, with DFR complaints representing 24% of cases and other ULPs representing 16% cases. Applications for certification also represent a significant proportion of incoming matters at 20%.

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Considerable progress has been achieved over the last four years in reducing the backlog of pending cases and improving average case disposition time. The time required to process a file—which includes opening, investigating, mediating, hearing, and deciding a case—continues to be the focus of the Board, in particular with respect to the applications for certification where the average case disposition time has dropped by more than 50% from just two years ago. The current rate of disposition has allowed the Board to reduce the number of pending matters to fewer than 400 cases, its lowest level in over 25 years. In addition, it should be noted that only 9% of those cases have been pending for more than 24 months; and of those pending for more than 24 months, 20% are matters that have been put in abeyance at the request of the parties themselves. This is a significant improvement from just four years ago where 24% of cases had remained unresolved for more than two years.

In the coming year, the Board will continue to seek ways to successfully and effectively manage the incoming cases to further reduce the average processing time and maintain its rate of disposition. In consultation with the client community, the Board will complete a review of its Regulations and seek effective and efficient ways of handling applications and complaints, including exploring opportunities to further reduce case processing and disposition time.

Once the new Regulations come into force, the Board will focus its efforts in developing information circulars or practice notes that will facilitate the communication and dissemination of policies and procedures to the client community.

It is expected that the achievement of these priorities will simplify and/or shorten the processing of cases. These measures will increase the number of matters that can be disposed of with a limited adjudicative capacity, thus enhancing effectiveness and efficiency.

Appropriate Dispute Resolution Services
The Code specifically gives the Board extensive powers to “assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate.” Accordingly, the Board has placed considerable emphasis on mediation in order to help parties find alternative solutions to their dispute without the need for an adjudicated decision. However, even in cases where mediation does not result in the full resolution or withdrawal of a matter, it is useful in clarifying or reducing the number of issues in dispute or in developing a more positive, problem-solving relationship between the parties. In the last year, just over 50% of complaints filed with the Board were resolved and withdrawn without the need for adjudication. To further improve these results, the CIRB plans to continue to proactively offer mediation services at all stages of a complaint by both the regional staff and Board Members. The Board will also continue its outreach activities with the clients and stakeholders to promote a better understanding and accessibility of the Board’s dispute resolution process.

For cases that do need to be adjudicated, the Board will endeavour to provide timely and legally sound decisions that are based on industrial relations principles and consistent across similar matters, in order to establish strong and clear jurisprudence. This, in turn, should reduce the likelihood of demands for reconsideration, as well as reduce the likelihood of applications to the Federal Court of Appeal for judicial review. It should be noted that the Board performs exceptionally well when its decisions are judicially reviewed by the Federal Court of Appeal, with less than 0.5% of all its decisions issued in the last year being overturned by the Court. The Board has also showed significant improvement in the length of time required by a panel to prepare and issue a decision following the completion of a hearing of a matter. The average decision-making time currently stands at 59 days, compared to 94 days in 2009–10.

Program Activity: Internal Services

The second activity of the Board, which would not exist without the first, is to provide the internal support and administrative services required to carry out the Board’s primary program. It consists of the groups of activities and resources that are administered to support the operational needs of the Board’s Adjudicative and Dispute Resolution Program and other corporate obligations of the CIRB, including Central Agency requirements. These groups are: management and oversight services; human resources services; financial and administrative services (including facilities, materiel and procurement services); information management services; and information technology services.

Financial Resources ($ thousands)

2012–13	2013–14	2014–15
$3,638	$3,638	$3,638

Human Resources (FTEs)

2012–13	2013–14	2014–15
27	27	27

Planning Highlights

The Board is committed to continuously seeking effective and efficient internal service delivery and is working to address challenges in line with the Clerk of the Privy Council’s Public Service Renewal priorities. The CIRB strives to utilize its human, material and financial resources in the most economical, efficient manner to effectively support the delivery of the CIRB’s program and corporate obligations.

The CIRB will continue to strengthen its management practices by building upon its integrated planning process and aligning its human resources plans with financial, assets and information resources required to deliver on its statutory mandate. The Board will also continue to review its Client and Corporate Services, taking into consideration the evolving federal government direction with respect to shared services, where appropriate. The CIRB recognizes that this is a key element in achieving sound stewardship of its resources to support its program outcomes as well as the government’s priorities.

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